055-21 - Kitsap S.A.I.V.S. - Contract AbandonedContract No. 055-21
AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT
for
KITSAP SPECIAL ASSAULT INVESTIGATIONS AND VICTIM'S SERVICES
(KITSAP S.A.I.V.S.)
THIS AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT
is made and entered into by and between the undersigned members of Kitsap S.A.I.V.S.,
pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. This
Amended and Restated Agreement replaces all prior Interlocal Agreements for Kitsap SAIVS in
their entirety.
Definitions
For the purposes of this Interlocal Cooperation Agreement, and all other agreements,
contracts, and documents executed, adopted, or approved pursuant to this Agreement, the
following terms have the meaning prescribed to them in this section unless the context of their
use dictates otherwise:
(1) "Member agency" means any public law enforcement or investigative agency which is a
party or becomes a party to this Interlocal agreement and is a County, City, State or
federally recognized Tribal law enforcement or investigative agency within the region.
(2) "State" means the State of Washington.
(3) "Region" means the territory physically lying within the boundaries of Kitsap County.
(4) "Council" means the governing joint board of the Kitsap S.A.I.V.S. Center, comprised of
the head of each member agency, or the agency's designee.
(5) "Center" means the Kitsap S.A.I.V.S. Center.
(6) "Joint operating agreement" or "Agreement" or "ILA " means this Interlocal
Cooperation Agreement executed by member agencies.
(7) "Majority vote" means more than one-half of the votes cast when a quorum is present and
must include at least one vote of a County law enforcement representative and at least
one vote of the law enforcement representative from each of at least two separate cities.
(8) "Quorum" means a majority of the member agencies.
Recitals
WHEREAS, the undersigned member agencies recognize the need and desirability for
coordination, cooperation, and consultation among members to improve services provided to
victims of domestic and sexual abuse, improve the quality of criminal investigations by
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streamlining contacts with the victim, coordinate investigative needs, make more efficient use of
limited resources, and establish a joint fundraising support network, thereby better serving our
communities;
WHEREAS, the undersigned member agencies believe that special assault investigations
and victim services usually conducted by each member agency can be coordinated and
combined, and duplication eliminated, in all or in part, by the creation and operation of a center
where such activities can be performed through participation among member agencies;
WHEREAS, chapter 26.44 RCW and chapter 74.34 RCW encourage the use of
multidisciplinary teams to coordinate criminal cases involving children and vulnerable adults;
and
WHEREAS, the undersigned member agencies desire to establish a funding mechanism
for the creation and operation of a center whereby certain of the functions of each member
agency can be met more efficiently with regard to the needs of special assault criminal
investigations and the needs of special assault victims.
THEREFORE, in consideration of mutual promises and covenants, the undersigned
members agree as follows:
1. ORGANIZATION, COMPOSITION AND NATURE
The undersigned member law enforcement and investigative agencies, represented by the
elected official and/or head of each member agency or designee, constitutes the Council of
Kitsap S.A.I.V.S.: Kitsap County Prosecuting Attorney, Kitsap County Sheriff, City of
Bainbridge Island Police Department, City of Bremerton Police Department, City of Port
Orchard Police Department, City of Poulsbo Police Department, the Department of Child, Youth
and Families (DCYF, formerly "CPS"), Kitsap County Clerk, and any other public agency that
becomes a member agency by future vote of the Council.
This Agreement does not create a separate legal or administrative entity. This joint
operating agreement memorializes an unincorporated association of governments for purposes of
collaboration between them, each exercising independent power, privileges, and/or authority in
the performance of this Agreement. All persons performing activities pursuant to this
Agreement shall remain employees of their member law enforcement and investigative agencies,
and the acts of a person performing activities pursuant to this Agreement are the acts of such
person's employing member agency.
The Council constitutes the joint board formed for the cooperative purposes described in
this joint operating agreement. The affairs of the Council are governed by this Agreement and
by the Council's Bylaws and are otherwise limited only by limitations in the powers, privileges,
or authority exercised or capable of exercise by a member agency.
2. AUTHORITY AND PURPOSES
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The Council has the following authority and purposes: To oversee the funding,
establishment, and operation of a physical Center where certain functions of each individual
agency can be met collaboratively with regard to special assault criminal investigations and the
needs of special assault victims, and to establish a funding mechanism to support the
establishment and continued operation of the Center.
3. FUNDING
The Council may apply for, accept, hold, invest, and administer any gifts, legacies,
bequests, devises, funds, and property from public or private sources of any sort or nature, and
may use and expend such funds and property to accomplish the purposes of this joint operating
agreement consistent with all applicable local, state and federal law. If a member agency elects
to make a financial contribution, the member agency's total financial contributions to Kitsap
S.A.I.V.S., if any, shall form the basis of their proportional contribution in the event of
termination and disposal of assets.
4. SERVICE PROVISIONS
Funds obtained by the Council for Kitsap S.A.I.V.S. shall be used solely for the purposes
described in this joint operating agreement. All expenditures are subject to the review and
approval of the Council, and periodic audits will be performed as prescribed by law. All member
agencies have the right to review and audit the financial statements upon request.
The Council will maintain records of Council meeting minutes. Public Records requests
for these records shall be handled by the Kitsap County Prosecutor's Office Public Records
Officer. Records prepared, compiled, generated, or used of activities performed pursuant to this
Agreement by member agencies shall be maintained by those member agencies.
5. FISCAL YEAR AND BUDGET
The fiscal year coincides with the calendar year. Member agencies are not expected to
allocate funding under this Agreement. The Council will adopt an annual work program and
budget in advance of each fiscal year that identifies anticipated activities, goals, revenues and
expenditures for completing the joint operating agreement. The Kitsap County Prosecuting
Attorney shall administer the S.A.I.V.S. Fund in accordance with applicable laws, this Interlocal
Agreement, and any other policies and procedures adopted by the Council. The Treasurer of
Kitsap County shall be the custodian of funds made available for the purposes of this joint
operating agreement, and the Treasurer may make payments from such funds upon audit by the
appropriate auditing officer of the County. After the Council has approved the final budget, it is
forwarded to Kitsap County for review and inclusion as a distinct agency fund within the Kitsap
County Budget. No increase or decrease to Kitsap S.A.I.V.S.'s final budget shall occur without
review and approval of the Council.
6. PROPERTY
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Personal and real property contributed by a member agency to be utilized in performing
the activities described in this Agreement, if any, shall remain the property of the agency that
contributed the property. Property acquired with joint S.A.I.V.S. funds shall be held jointly by
member agencies in proportion to their financial contributions to S.A.I.V.S., if they have elected
to financially contribute.
7. DURATION/WITHDRAWAL FROM AGREEMENT
This agreement shall continue in force until terminated by majority vote of the Council.
Any member agency may withdraw from this Interlocal Agreement by giving the Council six (6)
months prior written notice. Unless otherwise provided by future agreement, any member
agency that withdraws shall remain responsible for its obligations with regard to Council
activities until the effective date of withdrawal, and with regard to agreements to which the
Council is a party which exist at the time of such notice of withdrawal. A member agency's
proportional contribution shall be determined as of the date the Council receives the withdrawing
agency's notice of withdrawal. It is within the discretion of the Council to delay payment of a
withdrawing agency proportional portion of Kitsap S.A.I.V.S.' assets, as more fully described
elsewhere in this agreement, until termination of this agreement and disposal of said assets.
8. DISPOSAL OF ASSETS
Upon termination of this agreement any assets acquired for Kitsap S.A.I.V.S., after
payment of all liabilities, costs, expenses and charges validly incurred under this agreement, shall
be distributed equally to all member agencies in proportion to their contributions to Kitsap
S.A.I.V.S. determined at time of termination. The debts, liabilities and obligations of the Center
shall not constitute a debt, liability or obligation of any member agency.
9. DISPUTES
Disputes between member agencies regarding interpretation of this Interlocal
Cooperation Agreement or the functioning of Kitsap S.A.I.V.S. shall first be resolved by any
mutually selected informal means of resolution, including but not limited to non -binding
mediation, provided the parties to the dispute shall share equally in the costs of the mediator. If
the dispute is not resolved in mediation, the parties may seek judicial relief from the Superior
Court for Kitsap County, Washington.
10. MODIFICATION
Amendments to this Agreement shall not be binding unless they are in writing and
executed with the same formalities as used for the execution of this document.
11. GOVERNING LAW AND VENUE
All member agencies expressly agree to submit to the jurisdiction of the Kitsap County
Superior and District Courts.
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12. SEVERABILITY
If any provision of this Interlocal Cooperation Agreement is held invalid, the remainder
of the Agreement, and the remaining rights and obligations of the undersigned members, shall be
construed and enforced as if the Agreement did not contain the invalid part.
13. INDEMNIFICATION
Each member shall defend, indemnify and hold harmless the other members, and all of its
officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines,
penalties and liability of any kind, including injuries to persons or damages to property, arising out
of or relating to any intentional or negligent acts, errors or omissions of the indemnifying member
(including its agents, employees, officials, and representatives) in performing its obligations under
this Agreement. However, if any such damages and injuries to persons or property are caused by
or result from the concurrent negligence of the members or their employees, agents, or
representatives, each member's obligation hereunder applies only to the extent of the negligence
of such member or its employees, agents, officials, or representatives.
14. INSURANCE
Each member shall maintain a policy of liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence, covering all work performed by the member pursuant
to this Agreement; provided, that the member may provide evidence of self-insurance or
participation in a certified risk pool in fulfillment of insurance requirements. The members
obligations under this Section shall survive any termination of this Agreement.
15. EFFECTIVE DATE
This joint operating agreement shall take effect on the date executed by two or more
member agencies.
16. ENTIRE AGREEMENT
This Agreement constitutes the entirety of the agreement between the parties, and
supersedes all prior agreements concerning the subject matter of this Agreement. No other
agreement, representation, or understanding of any kind or nature, whether oral or written,
whether actual or alleged, and whether arising or alleging arising before, during or after
execution of this Agreement shall be binding upon any party, unless such is expressly set forth in
a written amendment to this Agreement duly executed by the parties.
17. COUNTERPARTS; E-MAIL OR FACSIMILE TRANSMISSION
The parties may execute this Agreement in multiple counterparts, each of which shall be
deemed an original and all of which together shall constitute only one agreement. Further,
delivery of a signed copy of this Agreement via e-mail or facsimile transmission shall be
considered delivery of an original.
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Dated this _ day of 2021
Joseph Clark
Chief of Police, City of Bainbridge Island
Dated this _ day of , 2021
Jim Burchett
Chief of Police, City of Bremerton
Dated this ;uday of 12021
Robert Putaansuu
Mayor, City of Port Orchard
Ron Harding
Chief of Police, City of Poulsbo
Chad M. Enright
Kitsap County Prosecuting Attorney
Gary Simpson
Kitsap County Sheriff
Dated this _ day of , 2021
Dated this _ day of , 2021
Dated this _ day of 2021
Dated this _ day of , 2021
Dated this _ day of . 2021
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